State v. Smicklevich

David Allen Smicklevich was tried by a jury and found guilty of possession of heroin with intent to distribute, proscribed by Section 32-1510.49 of the Code of Laws of South Carolina (Cum. Supp. 1975). He was sentenced to five (5) years, suspended upon the service of two (2) years with three (3) years probation.

After the trial, appellant retained present counsel for the purpose of this appeal. He seeks reversal of his conviction based on allegations (1) of lack of probable cause in his warrantless arrest, thus the subsequent search for and seizure of the heroin from his person was not…